Generally, the context in which an individual lives is of great importance to health and quality of life. Health is the level of functional or metabolic efficiency of a living being. It is the general condition of a person’s mind, body and spirit, usually meaning to be free from illness, injury or pain. Law is an important pubic health tool that plays a critical role in protecting the health of general public. Right health is central to all human rights and denial of health right would mean denial of all human rights. The framers of the constitution incorporated right to health in the Directive Principles of State policy (DPSP) which enjoins the state to provide comprehensive, creative, preventive, promotional and rehabilitative health services and proper nutrition to all the people of India. Ultimately, it is the effort of the Indian judiciary who treat health as a right to life which is fundamental to all human beings under Article 21 of the constitution. Therefore, entitlement to heathcare must be ensured by developing specific statutes, programs and services. In this article, an attempt has been made to analyze the constitutional provisions to protect the right health and to evaluate the creative response of judiciary in making the right health as a fundamental right.

Every state, whether in the era of Greek city state or in the modern era, has a constitution at least in the sense that it operates its important institutions according to some fundamental rules. The Constitution of India is the basic law of the land. The basic purpose of the Indian Constitution is to secure social justice, peace and progress; to safeguard individual rights; and promote national wellbeing. Likewise, the principal function of the constitutional provision for right to health is usually symbolic. It sets forth the intention of the government to protect the health of its citizens because health deals with a person’s most intimate life quality. It is the most precious prerequisite for happiness. Therefore, the Supreme Court (SC) of India has categorically maintained that right to health is a part of the right to life itself.1 “It is now a settled law that right to health is integral to right to life. Government has constitutional obligation to provide health facilities.”2 Indeed, the meaning of the right to life in the Indian legal context is so vast that it includes almost every human right in its ambit.

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